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Madras High CourtWP/27813/2022disposed of

M.C.Natarajan v. The District Collector

2022-10-18Honourable Mr Justice R. Suresh Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR M.C.Natarajan ... Petitioner Vs.

1.The District Collector, District Collector Office, Chennai District.

2.The Revenue Divisional Officer, Chennai South, Chennai District.

3.The Tahsildar, Mylapore Taluk, Chennai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 14.09.2022 and to direct the respondents to issue legal heir certificate in Application Number: TN7202209051123 dated 05.09.2022. For Petitioner : Mr.K.Kathiresan For Respondents : Mr.N.Naveen Kumar Government Pleader 1/6

O R D E R

The prayer sought for herein is for a writ of mandamus directing the respondents to consider the petitioner's representation dated 14.09.2022 and to direct the respondents to issue legal heir certificate in Application Number:TN-7202209051123 dated 05.09.2022.

2. The petitioner's grandmother one M.C.Karpagammal died and all other legal heirs including the father of the petitioner one M.C.Chandrasekar also died. Therefore, the petitioner being the grandson according to him is the legal heir of the deceased grandmother sought for issuance of legal heir certificate of the said M.C.Karpagammal by his request dated 14.09.2022 to the respondents and in order to consider the said representation, he has moved the present writ petition.

3. Heard Mr.N.Naveenkumar, learned Government Advocate appearing for the respondents who would submit that, as of now the application seeking legal heir certificate shall be made through online and the procedure has been contemplated under the recently issued Government Order in G.O.(Ms).No.478, Revenue & Disaster Management [RA-3(2)] 29.09.2022 under which how an application 2/6

seeking legal heir certificate is to be applied through online and once such application is made how it should be dealt with and decided also has been stated exhaustively by way of mandatory guidelines in the said G.O. Therefore, accordingly if the petitioner comes forward to make application through online after two weeks as per the procedure to make application online, the application would be considered in accordance with the said G.O. and decided on merits and in accordance with law.

4. Considering the said submission made by the learned counsel appearing for the parties especially the learned Government Advocate appearing for the respondents as the Government has come forward to issue the G.O.(Ms).No.478 as referred to above under which application shall be submitted only through online and based on which such application shall be dealt with as contemplated in the said G.O. and accordingly it would be decided on merits, this Court is inclined to dispose of this writ petition with the following orders: That the petitioner shall make an application online within two weeks from the date of receipt of a copy of this order and on receipt of such online application, it shall be considered and decided by the respondents in accordance 3/6

with the procedure contemplated under G.O.(Ms).No.478, Revenue & Disaster Management [RA-3(2)] Department, dated 29.09.2022 thereafter within a period of four weeks.

5. With the above direction, this Writ Petition is disposed of. No costs.

18.10.2022 Index : Yes/No Speaking order : Yes/No Sgl 4/6

To 1.The District Collector, District Collector Office, Chennai District.

2.The Revenue Divisional Officer, Chennai South, Chennai District.

3.The Tahsildar, Mylapore Taluk, Chennai District.

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R.SURESH KUMAR, J.

Sgl 18.10.2022 6/6